Stay on proceedinga u/s 482
Rahul Mendiratta
(Querist) 29 July 2013
This query is : Resolved
Dear Sir,
I and my whole familh has been implidated in false 498A case. As suggested by our counsel, we approachdd High Court for quashing of FIR u/s 482. But HC refused to quash the order and granted same-day-hearing order. Now, I surrendered in court and applied for regular bail but applicaion was rejected and was granted only interim bail. Two times it was extended and lastly it was rejected by sessiona court on the ground that I did not attend mediation proceedings. But the fact is that, 4 times I was called, first one I did not attend, Two times I attended and one was attended by my elder brother. I have full doubt on reading the bail rejection order that my counsel did not put our case or else the Judge was feeded with money. Then we changed the counsel and apply to HC for bail. I was granted gail but it took one month. My counsel has suggested that our other family members should not surrender and go for regular bail, rather we should again to HC u/s 482 against Charge-sheet for Stay on proceedings in case of other family members. As per him, proceedings in case of all family members other than me (Husband) will surely be granted.
Kindly advice whether this is possible as HC has already refused to quash the FIR.
We have faced great difficulty finding two sureties for my bail. If bail is the only solution, then It will be again a big headache for us to find 8 sureties.
Kindly suggest is non-attendance of mediation proceedings could be a basis for rejecting bail.
Can we do something about such a Frivilious ordef of sessions court.
Please suggest.
Devajyoti Barman
(Expert) 29 July 2013
DO NOT GOT FOR QUASHING AGAIN.
Since you being the principal accused perosn has got bail, the bail for other family members should be a cakewalk.
Rahul Mendiratta
(Querist) 29 July 2013
I have been suggested to make a will so that in case of any mishappening No part of Hard-earned money and property goes to my 498A wife.
Please suggest.
Rahul Mendiratta
(Querist) 30 July 2013
Wiating for other experts also to give some valuable advice....
Kindly oblige
Rahul Mendiratta
(Querist) 30 July 2013
Kindly advice :
1.how easy or difficult to get Stay on Proceedings.
2.How beneficial will it be to make a will.
3. Which is better - a) Stay on proceedings b) Regular Bail
4. How much easy or difficult will it be to get regular bail for other co-accused when the main accused (Husband) has got bail from HC.
5. If we dont get sureties for getting bail, then can we deposit amount equal to the amount of sureties and get bail.
Please help experts.
Rahul Mendiratta
(Querist) 01 August 2013
Dear experts,
Kindly help me on my queries so that I can take a good step.
